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AGBASO
V.
OHAKIM & ORS.

(2008) JELR 42856 (CA)

Court of Appeal 14 Apr 2008 Nigeria
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Suit Number:CA/PH/EPT/338/2007
Judges:SAKA ADEYEMI IBIYEYE (OFR) Justice of The Court of Appeal of Nigeria CLARA BALA OGUNBIYI Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria GEORGE OLADINDE SHOREMI Justice of The Court of Appeal of Nigeria
Counsel:Dr. Osanakpo, SAN, Dr. Onyechi Ikpeazu, SAN with N.A. Nnawuchi Esq., O.J. Nnadi Esq., C.T. Okeke Esq., B.E. Okenchi Esq., I.E. Okosa (Miss), S.A. Iheakanwa Esq., E. Etiaba Esq., For Appellant Chief Bon. Nwakamma, SAN, Chief Chris Uche, SAN J.T.U. Nnodum, SAN with E.E. Nwaonye, Esq., Dr. Livy Uzoukwu, SAN with C.K Uba Esq. For Respondent

OLUKAYODE ARIWOOLA, JCA (Delivering The Leading Judgment): This appeal emanated from the Governorship and Legislative Houses Election Petition Tribunal sitting in Imo State of Nigeria delivered on 26/07/2007. The appellant was the petitioner before the tribunal. The Petitioner, hereinafter referred to as the Appellant, was a candidate at the Governorship election that say, 2007 had claimed as follows:-

(i) A declaration of the Honourable Tribunal that the 2nd and 3rd Respondents have no power or jurisdiction to cancel or nullify the result of the governorship election held in Imo State on 14th April, 2007 and fix another election for 28th April, 2007.

(ii) A declaration of the Honourable Tribunal that the cancellation by the 2nd and 3rd respondents of the result of the Governorship election held in Imo State on 14th April, 2007 is unlawful, illegal null and void and the subsequent fixing and holding of another election for the same Governorship section 28th April, 2007 is unlawful, il…

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